Credit Suisse AG (CSGN)’s $2.6 billion plea bargain resolving allegations it helped wealthy Americans avoid paying taxes faces a final hurdle from a federal judge who will decide whether to accept it or throw it out. The first global banking unit in more than a decade to plead guilty to… – Continue reading
Washington, DC – Credit Suisse AG was sentenced today for conspiracy to aid and assist U.S. taxpayers in filing false income tax returns and other documents with the Internal Revenue Service (IRS). Credit Suisse pleaded guilty to conspiracy on May 19. The sentencing of the Swiss corporation is the result… – Continue reading
Meredith McBride in Hong Kong Mitsubishi Corporation India’s victory over the Indian tax authorities in the New Delhi Tax Tribunal on the use of the Berry ratio (gross margin divided by operating expenses) sets important precedents for transfer pricing litigation in India, advisers believe, because it legitimises the use of… – Continue reading
The Cayman Islands is touted as one of the world’s top 10 finance hubs. The chief reason that the Caribbean hotspot holds such cachet is an epic perk it provides – freedom from income tax. twitter To get more Money more often, why not follow us on Twitter? We’re @FairfaxMoney… – Continue reading
Preet Bharara, the United States Attorney for the Southern District of New York, and Shantelle P. Kitchen, Acting Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the indictment of MARTIN DUNKI, a former client advisor and Senior Vice… – Continue reading
Orascom Construction Industries, an international engineering and construction firm, has won a ruling in its favor from the Egyptian Tax Authority’s Independent Appeals Committee, against an earlier USD1bn tax evasion ruling relating to its Egyptian subsidiary. Orascom Construction Industries (OCI) SAE said that it had been served with an assessment… – Continue reading
The I-T department had said Vodafone India under-priced shares in a rights issue to its parent. The tax demand was for the two financial years ended March 2011 The finance ministry is yet to decide on filing an appeal against the Bombay High Court order of October 10 in favour… – Continue reading
In another bizarre twist to what litigation lawyers have called an “unprecedented” case, counsel for McKesson Canada Corp. are now relying on Tax Court of Canada Justice Patrick Boyle’s recusal from a transfer-pricing case in September as grounds for seeking a new trial. Gavin MacKenzie believes the Court of Appeal… – Continue reading
Kansas City businesswoman Cheryl Womack, who was indicted last December on tax-related charges, has filed a request to delay her change-of-plea hearing originally scheduled for Wednesday. At issue is the Tax Information Exchange Agreement application, which acts almost like a search warrant and enables the government to obtain foreign-based documents… – Continue reading
Delhi Tribunal holds that the mere fact that one of the steps in a transaction resulted in capital loss for the taxpayer would not make the series of transactions a sham. Karnataka High Court holds that shares bought at a premium, and sold at a lower value to individuals (ex-employees… – Continue reading
Cristina de Borbón could stand in the dock over claims involving husband’s charity unless special law is used to end case A Spanish court has approved charges of tax fraud against Princess Cristina de Borbón, the sister of King Felipe VI – paving the way for an unprecedented criminal trial…. – Continue reading
“Judges are expected to decide cases as framed by the parties, then step back and allow the appellate process to unfold. In this case, the trial judge did neither.” – Taxpayer’s Supplemental Memorandum of Fact and Law The transfer pricing case of McKesson v. The Queen has raised procedural issues… – Continue reading
A source revealed that in order to settle the investigation into whether Bank Leumi Le-Israel (LUMI) BM helped Americans evade taxes, New York’s banking regulator will ask for over $300 million. The head of the state’s Department of Financial Services, Benjamin Lawsky, is looking for an amount that surpasses what… – Continue reading
For more than a decade, tax gurus at PricewaterhouseCoopers helped Caterpillar Inc., the U.S. heavy equipment maker, move profits produced by its lucrative spare-parts business from the U.S. to a tiny subsidiary in Switzerland. Little changed except the bookkeeping. Parts were still shipped from suppliers to a warehouse in Morton,… – Continue reading
Nov 5 (Reuters) – Israel arrested 14 people, including a senior UBS investment adviser, as part of an investigation into Israelis allegedly holding undisclosed bank accounts with UBS worth hundreds of millions of euros, the Tax Authority said on Wednesday. All 14 had been released on bail soon after their… – Continue reading
Vodafone sign in India. Photo: Ishan Khosla. Used under Creative Commons license. Vodafone recently won a rare – but potentially very significant – victory over Indian tax authorities. The Bombay High Court dismissed the government demand for the company to pay 30 billion rupees (about $490 million) for a share… – Continue reading
High Court refuses special leave application in capital gains tax dispute The High Court has refused the special leave application by the taxpayer in a case involving the liability to capital gains tax (CGT) of a ‘limited partnership’ formed in the Cayman Islands. The application for special leave followed the… – Continue reading
Ingenious v HMRC, the case which begins at the Competition Tribunal in Bloomsbury Place London today, marks the culmination of almost a decade of wrangling between the blue chip British media investment company and the Revenue. Newspapers have been intrigued by the case because of the celebrity investors involved. David… – Continue reading
In a big setback to the IRS’s juggernaut against tax evasion and offshore accounts, a former top UBS banker has been acquitted of tax evasion. The U.S. charged Raoul Weil with conspiracy to defraud the U.S. government. The former exec was facing five years in prison and a $250,000 fine,… – Continue reading
It is all about transfer pricing issue which is not unique to India. Still, the judgment of the Bombay High Court of October 10, 2014, in the case of Vodafone India Services vs Union of India, has drawn a lot more attention than it would otherwise have. The main reason… – Continue reading
The secret binder lay wedged in a hidden drawer inside a filing cabinet in his office on the Bahnhofstrasse in Zurich, the heart of the world of Swiss private banking. Martin Liechti, a former top private banker at Swiss bank giant UBS, privately called the binder his “CYA file,” a… – Continue reading
Supreme court reverses decision against fashion duo, who had been sentenced to imprisonment The Italian supreme court on Friday overturned fraud convictions and 18-month jail terms against celebrated fashion duo Domenico Dolce and Stefano Gabbana, their company announced. “We have always been honest and we are extremely proud of this… – Continue reading
(Reuters) – Italy’s top court cleared fashion designers Domenico Dolce and Stefano Gabbana on Friday over charges of hiding hundreds of millions of euros from Italian tax authorities. Two lower courts had previously convicted the pair, who are as famous as the stars they dress, on allegations that they used… – Continue reading
The European Union Court of Justice (CJEU), Europe’s highest court in matters of EU law, ruled against the Italian government in a dispute related to the Italian taxation on gambling. According to the CJEU, Italy’s tax legislation operates in conflict with Article 52 and Article 56 of the Treaty on… – Continue reading
(Reuters) – A key witness in the federal tax evasion trial of a top Swiss bank executive took the stand on Thursday to testify against his former boss, Raoul Weil, who is accused of conspiring to conceal up to $20 billion in U.S. taxpayers’ assets in secret offshore accounts. The… – Continue reading
Business Standard October 23, 2014 Last Updated at 23:20 IST The Bombay High Court recently in the case of Vodafone India Services Private Limited (Vodafone) held that the foreign direct investment (FDI) received by the Indian company in the form of share capital cannot be taxed in India under the… – Continue reading
If the house always wins, then the taxman isn’t far behind – at least not during the last year. Inland Revenue won outright almost 85 per cent of litigation it was in over the 12 months to June 30 – its highest rate of success since at least 2010. It… – Continue reading
Samuel Wyly, the U.S. businessman who may have to forfeit as much as $400 million after being found liable for using offshore trusts to hide stock holdings and make illegal trades, filed for bankruptcy. Wyly, 80, listed assets and debt of $100 million to $500 million each in a Chapter… – Continue reading
There is a common misunderstanding in the charity world that tax avoidance, and its ugly sister – tax abuse, cannot be regarded as applying to charities except where charities are ‘hijacked’ to line the pockets of wealthy ostensible donors. But that is simply not the case. A charity which seeks… – Continue reading
As Indian tax authorities have been slapping foreign firms with billions of dollars in unexpected tax bills, hundreds of global companies are now negotiating with the taxman here to clarify ahead of time what they will owe in the future, hoping to avoid surprises. In the past five years there… – Continue reading
Bombay High Court holds that shares issued at a premium by a resident entity to a non-resident entity is a capital account transaction and does not give rise to any income; Income arising from an International Transaction between AEs must satisfy the test of ‘income; as provided under the ITA… – Continue reading
DALLAS (CN) – Former Texas billionaire Sam Wyly filed for bankruptcy protection after a federal jury ordered him to pay as much as $400 million for using offshore trusts to hide stock trades. A noted philanthropist and contributor to Republican causes, Wyly, 77, of Dallas, made his fortune… – Continue reading
The much-awaited decision of the Bombay High Court was pronounced on October 10. Transfer pricing adjustment carried out in Shell/Vodafone case has been at the centrestage of every public discussion on Indian transfer pricing legislation. The incredulous stand taken by the tax authorities has evoked a strong response from investors… – Continue reading
A former banker at UBS has been found guilty of handing over protected Swiss bank account data to the US, according to a penalty order issued by the Swiss prosecutors’ office. According to the order, the banker was found to have breached Swiss data privacy laws but not its banking… – Continue reading
On May 9, 2014, the Tokyo District Court reversed a large tax that had been imposed on a large U.S. multinational’s Japanese holding company (“Japan HoldCo”). Under the Japanese Corporate Tax Law, if a shareholder returns shares to an issuing company (i.e., the issuing company acquires treasury shares), a portion… – Continue reading
Say judge may find evidence inadmissible because it was supplied by a whistleblower As the AFIP tax bureau starts reviewing information it recently obtained from the French government on undeclared bank accounts held by Argentines in Switzerland, tax experts have warned that using the data might be harder than it… – Continue reading
NEW DELHI: Vodafone welcomed an Indian court ruling in favor of the British mobile giant which was engaged in a $490-million tax battle with local authorities. The tax fight is one of several embroiling the British company that has become a symbol of problems facing foreign firms doing business in… – Continue reading
Vodafone has emerged victorious against the Indian taxman in the latest bout of litigation between the two. The important point for the rest of us being what it tells us about those endless claims of tax avoidance and tax evasion by large companies. It’s not just that large amounts of… – Continue reading
Two Canadian women mounting a legal challenge to FATCA have expanded their action to include the Minister of National Revenue as a defendant. Gwen Deegan, a graphic designer from Toronto, and Ginny Hillis, a retired lawyer from Windsor, claim the Canadian federal government doesn’t have the constitutional authority to comply… – Continue reading
Mission Hills businesswoman Cheryl Womack is scheduled to appear in federal court in Kansas City on November 12 for a change of plea hearing in her criminal case. Womack had earlier entered a not guilty plea to charges of avoiding income taxes and lying to investigators. (Update, 9:03 p.m) It’s… – Continue reading
Yahoo! just made about $9 billion in cash from Alibaba Group’s initial public offering, and investors are licking their lips at the thought of how Marissa Mayer might spend it. Snapchat? AOL? Well, here’s one area you shouldn’t expect her to invest in: offshoring more jobs to India. The company… – Continue reading
Major changes have occurred with respect to foreign tax credit (FTC). The Department of Finance announced in the federal budget of March 4, 2010, a proposed legislation regarding FTC generators (FTCG) and released modified draft legislation on August 27, 2010. These new FTCG rules target the FTC per subsections 126(4.11)-(4.13)… – Continue reading
On June 10, 2014, the Tax Court of Canada (“TCC”) delivered its most recent decision on transfer pricing, one which involved a Barbados structure. In Marzen Artistic Aluminum Ltd. v. The Queen[1] (“Marzen”), Justice Sheridan upheld the Canada Revenue Agency’s (“CRA”) transfer pricing adjustment as well as the penalty under… – Continue reading
Swiss banking giant UBS AG (UBS: Quote) is poised to pay a 1.1 billion euros or $1.4 billion security deposit in a French tax-evasion case as it challenges the allegations and bond demand, according to Bloomberg report citing a person familiar with the matter. The company is reportedly proceeding with… – Continue reading
MUMBAI: The Isle of Man appellate court last week rejected builder Niranjan Hiranandani’s appeal, challenging its jurisdiction over a case of fraud and misconduct filed against him by Hirco Plc. Hirco, a property investment fund, had raised Rs 3,000 crore from global investors in 2006, to be invested in Hiranandani’s… – Continue reading
After an almost two year investigation into offshore stock entities in Belize, things moved quickly on Sept. 9. The indictment in Brooklyn was unsealed and at 11:45 a.m. Robert Bandfield was arrested in Miami on stock fraud charges. By 1 p.m., FBI agents and Belize police were on the fourth… – Continue reading
Washington, DC—(ENEWSPF)—September 5, 2014. Joshua Vandyk, an investment advisor, was sentenced today to serve 30 months in prison for conspiring to launder monetary instruments, the Justice Department and Internal Revenue Service (IRS) announced. Vandyk, a U.S. citizen, and Eric St-Cyr and Patrick Poulin, Canadian citizens, were indicted by a grand… – Continue reading
MINNEAPOLIS (WCCO) — A 43-year-old Vadnais Heights investment advisor pleaded guilty to accusations that he spent clients’ money on personal items instead of investing their funds, the United States Attorney’s Office announced Wednesday. Joel William Carlson, who was charged on Aug. 4, pleaded guilty Wednesday to two counts of tax evasion… – Continue reading
The Federal Court has handed down its decision in the case of Task Technology v Commissioner of Taxation in relation to the tax treatment of specific software payments. The case related to payments made by Task to CaseWare International Inc (CWI) for the right to market and distribute CWI software to end users… – Continue reading
A multi-count indictment was unsealed this morning in federal court in Brooklyn, New York, against six individual defendants: Robert Bandfield, a U.S. citizen; Andrew Godfrey, a citizen of Belize; Kelvin Leach, a citizen of the Bahamas; Rohn Knowles, a citizen of the Bahamas; Brian De Wit, a citizen of Canada;… – Continue reading
